SEC.
2. [136] DEFINITIONS.
For purposes of this
Act -
(a)
ACTIVE INGREDIENT.-The
term "active ingredient" means-
(1) in the case
of a pesticide other than a plant regulator, defoliant, or desiccant,
an ingredient which will prevent, destroy, repel, or mitigate
any pest;
(2) in the case of a plant regulator, an ingredient which, through
physiological action, will accelerate or retard the rate of growth
or rate of maturation or otherwise alter the behavior of ornamental
or crop plants or the product thereof;
(3) in the case of a defoliant, an ingredient which will cause
the leaves or foliage to drop from a plant; and
(4) in the case of a desiccant, an ingredient which will artificially
accelerate the drying of plant tissue. |
(b)
ADMINISTRATOR.-The
term "Administrator" means the Administrator of the
Environmental Protection Agency.
(c)
ADULTERATED.-The term
"adulterated" applies to any pesticide if-
(1) its strength
or purity falls below the professed standard of quality as expressed
on its labeling under which it is sold;
(2) any substance has been substituted wholly or in part for
the pesticide; or
(3) any valuable constituent of the pesticide has been wholly
or in part abstracted. |
(d)
ANIMAL.- The term "animal"
means all vertebrate and invertebrate species, including but
not limited to man and other mammals, birds, fish, and shellfish.
(e)
CERTIFIED APPLICATOR, ETC.-
(1) CERTIFIED
APPLICATOR.-The term "certified applicator" means any
individual who is certified under section 4 (2-1) as authorized
to use or supervise the use of any pesticide which is classified
for restricted use. Any applicator who holds or applies registered
pesticides, or use dilutions of registered pesticides consistent
with section 2(ee) of this Act, only to provide a service of
controlling pests without delivering any unapplied pesticide
to any person so served is not deemed to be a seller or distributor
of pesticides under this Act.
(2) PRIVATE APPLICATOR.-The term "private applicator"
means a certified applicator who uses or supervises the use of
any pesticide which is classified for restricted use for purposes
of producing any agricultural commodity on property owned or
rented by him or his employer or (if applied without compensation
other than trading of personal services between producers of
agricultural commodities) on the property of another person.
(3) COMMERCIAL APPLICATOR.-The term "commercial applicator"
means an applicator (whether or not he is a private applicator
with respect to some uses) who uses or supervises the use of
any pesticide which is classified for restricted use for any
purpose or on any property other than as provided by paragraph
(2).
(4) UNDER THE DIRECT SUPERVISION OF A CERTIFIED APPLICATOR.-Unless
otherwise prescribed by its labeling, a pesticide shall be considered
to be applied under the direct supervision of a certified applicator
if it is applied by a competent person acting under the instructions
and control of a certified applicator who is available if and
when needed, even though such certified applicator is not physically
present at the time and place the pesticide is applied. |
(f)
DEFOLIANT.-The term
"defoliant" means any substance or mixture of substances
intended for causing the leaves or foliage to drop from a plant,
with or without causing abscission.
(g)
DESICCANT.-The term.
"desiccant" means any substance or mixture of substances
intended for artificially accelerating the drying of plant tissue.
(h)
DEVICE.-The term "device"
means any instrument or contrivance (other than a firearm) which
is intended for trapping, destroying, repelling, or mitigating
any pest or any other form of plant or animal life (other than
man and other than bacteria, virus, or other microorganism on
or in living man or other living animals); but not including
equipment used for the application of pesticides when sold separately
therefrom.
(i)
DISTRICT COURT.-The
term "district court" means a United States district
court, the District Court of Guam, the District Court of the
Virgin Islands, and the highest court of American Samoa.
(j)
ENVIRONMENT.-The term
"environment" includes water, air, land, and all plants
and man and other animals living therein, and the interrelationships
which exist among these.
(k)
FUNGUS.-The term "fungus"
means any non-chlorophyll-bearing thallophyte (that is, any non-chlorophyll-bearing
plant of a lower order than mosses and liverworts), as for example,
rust, smut, mildew, mold, yeast, and bacteria, except those on
or in living man or other animals and those on or in processed
food, beverages, or pharmaceuticals.
(l)
IMMINENT HAZARD.-The
term "imminent hazard" means a situation which exists
when the continued use of a pesticide during the time required
for cancellation proceeding would be likely to result in unreasonable
adverse effects on the environment or will involve unreasonable
hazard to the survival of a species declared endangered by the
Secretary of the Interior under Public Law 91-135.
(m) INERT
INGREDIENT.-The term
"inert ingredient" means an ingredient which is not
active.
(n)
INGREDIENT STATEMENT.-The
term "ingredient statement" means a statement which
contains-
(1) the name
and percentage of each active ingredient, and the total percentage
of all inert ingredients, in the pesticide; and
(2) if the pesticide contains arsenic in any form, a statement
of the percentages of total and water soluble arsenic, calculated
as elementary arsenic. |
(o)
INSECT.-The term "insect"
means any of the numerous small invertebrate animals generally
having the body more or less obviously segmented, for the most
part belonging to the class insecta, comprising six-legged, usually
winged forms, as for example, beetles, bugs, bees, flies, and
to other allied classes of arthropods whose members are windless
and usually have more than six legs, as for example, spiders,
mites, ticks, centipedes, and wood lice.
(p)
LABEL AND LABELING.-
(1) LABEL.-The
term "label" means the written, printed, or graphic
matter on, or attached to, the pesticide or device or any of
its containers or wrappers.
(2) LABELING.-The term "labeling" means all labels
and all other written, printed, or graphic matter-
(A) accompanying
the pesticide or device at any time; or
(B) to which reference is made on the label or in literature
accompanying the pesticide or device, except to current official
publications of the Environmental Protection Agency, the United
States Departments of Agriculture and Interior, the Department
of Health and Human Services, State experiment stations, State
agricultural colleges, and other similar Federal or State institutions
or agencies authorized by law to conduct research in the field
of pesticides. |
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(q)
MISBRANDED.-
(1) A pesticide
is misbranded if-
(A)
its labeling bears any statement, design, or graphic representation
relative thereto or to its ingredients which is false or misleading
in any particular;
(B) it is contained in a package or other container or wrapping
which does not conform to the standards established by the Administrator
pursuant to section 25(c)(3);
(C) it is an imitation of, or is offered for sale under the name
of, another pesticide;
(D) its label does not bear the registration number assigned
under section 7 to each establishment in which it was produced;
(E) any word, statement, or other information required by or
under authority of this Act to appear on the label or labeling
is not prominently placed thereon with such conspicuousness (as
compared with other words, statements, designs, or graphic matter
in the labeling) and in such terms as to render it likely to
be read and understood by the ordinary individual under customary
conditions of purchase and use;
(F) the labeling accompanying it does not contain directions
for use which are necessary for effecting the purpose for which
the product is intended and if complied with, together with any
requirements imposed under section 3(d) of this Act, are adequate
to protect health and the environment;
(G) the label does not contain a warning or caution statement
which may be necessary and if complied with, together with any
requirements imposed under section 3(d) of this Act, is adequate
to protect health and the environment; or
(H) in the case of a pesticide not registered in accordance with
section 3 of this Act and intended for export, the label does
not contain, in words prominently placed there-on with such conspicuousness
(as compared with other words, statements, designs, or graphic
matter in the labeling) as to render it likely to be noted by
the ordinary individual under customary conditions of purchase
and use, the following: "Not Registered for Use in the United
States of America". |
(2) A pesticide is misbranded
if-
(A)
the label does not bear an ingredient statement on that part
of the immediate container (and on the outside container or wrapper
of the retail package, if there be one, through which the ingredient
statement on the immediate container cannot be clearly read)
which is presented or displayed under customary conditions of
purchase, except that a pesticide is not misbranded under this
subparagraph if-
(i) the size
of form of the immediate container, or the outside container
or wrapper of the retail package,
makes it impracticable to place the ingredient statement on the
part which is presented or displayed under customary conditions
of purchase; and
(ii) the ingredient statement appears prominently on another
part of the immediate container, or outside container or wrapper,
permitted by the Administrator; |
(B) the labeling does
not contain a statement of the use
classification under which the product is registered;
(C) there is not affixed to its container, and to the outside
container or wrapper of the retail package, if there be one,
through which the required information on the immediate container
cannot be clearly read, a label bearing-
(i)
the name and address of the producer, registrant, or person for
whom produced;
(ii) the name, brand, or trademark under which the pesticide
is sold;
(iii) the net weight or measure of the content, except that the
Administrator may permit reasonable variations; and
(iv) when required by regulation of the Administrator to effectuate
the purposes of this Act, the registration number assigned to
the pesticide under this Act, and the use classification; and |
(D) the pesticide contains
any substance or substances in quantities highly toxic to man,
unless the label shall bear, in addition to any other matter
required by this Act-
(i)
the skull and crossbones;
(ii) the word "poison" prominently in red on a background
of distinctly contrasting color; and
(iii) a statement of a practical treatment (first aid or
otherwise) in case of poisoning by the pesticide. |
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(r)
NEMATODE.-The term
"nematode" means invertebrate animals of the phylum
nemathelminthes and class nematoda, that is, unsegmented round
worms with elongated, fusiform, or saclike bodies covered with
cuticle, and inhabiting soil, water, plants, or plant parts;
may also be called nemas or eelworms.
(s)
PERSON.-The term "person"
means any individual, partnership, association, corporation,
or any organized group of persons whether incorporated or not.
(t)
PEST.-The term "pest"
means (1) an insect, rodent, nematode, fungus, weed, or (2) any
other form of terrestrial or aquatic plant or animal life or
virus, bacteria, or other micro-organism (except viruses, bacteria,
or other micro-organisms on or in living man or other living
animals) which the Administrator declares to be a pest under
section 25(c)(1).
(u)
PESTICIDE.-The term
"pesticide" means (1) any substance or mixture of substances
intended for preventing, destroying, repelling, or mitigating
any pest, and (2) any substance or mixture or substances intended
for use as a plant regulator, defoliant, or desiccant, except
that the term "pesticide" shall not include any article
that is a "new animal drug" within the meaning of section
201(w) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321(w)), that has been determined by the Secretary of Health
and Human Services not to be a new animal drug by a regulation
establishing conditions of use for the article, or that is an
animal feed within the meaning of section 201(x) of such Act
(21 U.S.C. 321(x)) bearing or containing a new animal drug.
(v)
PLANT REGULATOR.-The
term "plant regulator" means any substance or mixture
of substances intended, through physiological action, for accelerating
or retarding the rate of growth or rate of maturation, or for
otherwise altering the behavior of plants or the produce thereof,
but shall not include substances to the extent that they are
intended as plant nutrients, trace elements, nutritional chemicals,
plant inoculants, and soil amendments. Also, the term "plant
regulator" shall not be required to include any of such
of those nutrient mixtures or soil amendments as are commonly
known as vitamin-hormone horticultural products, intended for
improvement, maintenance, survival, health, and propagation of
plants, and as are not for pest destruction and are nontoxic,
nonpoisonous in the undiluted packaged concentration.
(w)
PRODUCER AND PRODUCE.-The
term "producer" means the person who manufacturers,
prepares, compounds, propagates, or processes any pesticide or
device or active ingredient used in producing a pesticide. The
term "produce" means to manufacture, prepare, compound,
propagate, or process any pesticide or device or active ingredient
used in producing a pesticide. The dilution by individuals of
formulated pesticides for their own use and according to the
directions on registered labels shall not of itself result in
such individuals being included in the definition of "producer"
for the purposes of this Act.
(x)
PROTECT HEALTH AND THE ENVIRONMENT.-The terms "protect health and the environment"
and "protection of health and the environment" mean
protection against any unreasonable adverse effects on the environment.
(y)
REGISTRANT.-The term
"registrant" means a person who has registered any
pesticide pursuant to the provisions of this Act.
(z)
REGISTRATION.-The term
"registration" includes reregistration.
(aa)
STATE.-The term "State" means a State, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, the Trust Territory of the Pacific Islands, and American
Samoa.
(bb) UNREASONABLE ADVERSE EFFECTS ON THE ENVIRONMENT.- The term
"unreasonable adverse effects on the environment"
means any unreasonable risk to man or the environment, taking
into account the economic, social, and environmental costs and
benefits of the use of any pesticide.
(cc) WEED.-The term "weed" means any plant which grows
where not wanted.
(dd) ESTABLISHMENT.-The term "establishment" means
any place where a pesticide or device or active ingredient used
in producing a pesticide is produced, or held, for distribution
or sale.
(ee) TO USE ANY REGISTERED PESTICIDE IN A MANNER INCONSISTENT
WITH ITS LABELING.-The term "to use any registered pesticide
in a manner inconsistent with its labeling" means to use
any registered pesticide in a manner not permitted by the labeling,
except that the term shall not include (1) applying a pesticide
at any dosage, concentration,
or frequency less than that specified on the labeling unless
the labeling specifically prohibits deviation from the specified
dosage, concentration, or frequency, (2) applying a pesticide
against any target pest not specified on the labeling if the
application is to the crop, animal, or site specified on the
labeling, unless the Administrator has required that the labeling
specifically state that the pesticide may be used only for the
pests specified on the labeling after the Administrator has determined
that the use of the pesticide against other pests would cause
an unreasonable adverse effect on the environment, (3) employing
any method of application not prohibited by the labeling unless
the labeling specifically states that the product may be applied
only by the methods specified on the labeling, (4) mixing a pesticide
or pesticides with a fertilizer when such mixure is not prohibited
by the labeling, (5) any use of a pesticide in conformance with
section 5, 18, or 24 of this Act, or (6) any use of a pesticide
in a manner that the Administrator determines to be consistent
with the purposes of this Act. After March 31, 1979, the term
shall not include the use of a pesticide for agricultural or
forestry purposes at a dilution less than label dosage unless
before or after that date the Administrator issues a regulation
or advisory opinion consistent with the study provided for in
section 27(b) of the Federal Pesticide Act of 1978, which regulation
or advisory opinion specifically requires the use of definite
amounts of dilution.
(ff) OUTSTANDING DATA REQUIREMENT.-
(1)
IN GENERAL.-The term "outstanding data requirement"
means a requirement for any study, information, or data that
is necessary to make a determination under section 3(c)(5) and
which study, information, or data-
(A)
has not been submitted to the Administrator; or
(B) if submitted to the Administrator, the Administrator has
determined must be resubmitted because it is not valid, complete,
or adequate to make a determination under section 3(c)(5) and
the regulations and guidelines issued under such section. |
(2) FACTORS.-In making
a determination under paragraph (1)(B) respecting a study, the
Administrator shall examine, at a minimum, relevant protocols,
documentation of the conduct and analysis of the study, and the
results of the study to determine whether the study and the results
of the study fulfill the data requirement for which the study
was submitted to the Administrator. |
(gg) TO DISTRIBUTE OR
SELL.-The term "to distribute or sell"
means to distribute, sell, offer for sale, hold for distribution,
hold for sale, hold for shipment, or receive and (having so received)
deliver or offer to deliver. The term does not include the holding
or application of registered pesticides or use dilutions thereof
by any applicator who provides a service of controlling pests
without delivering any unapplied pesticide to any person so served. |
(2-1) So in original.
Probably should be "section 11'. |
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